Whitworth

Whitworth v. Regents of University of California

Good Law
274 F. App'x 559
United States Court of Appeals for the Ninth CircuitApril 18, 2008No. 06-16119California1,177 words

Opinion

Lead Opinion

MEMORANDUM *

John L. Whitworth appeals the district court’s order granting in part summary judgment for the Regents of the University of California (“University”), Isabel Hawkins, Ralph Anderson, Carol Lunsford, and Trustees of the California State University, on his claims under 42 U.S.C. § 1983 and remanding his state law claims. We review the grant of summary judgment de novo, Craig v. M & O Agencies, Inc., 496 F.3d 1047, 1053 (9th Cir.2007), and we affirm.

Whitworth argues that his Fourteenth Amendment procedural due process *561 rights were violated under 42 U.S.C. § 1983 because the University terminated his employment without providing notice and a hearing. To establish a claim under 42 U.S.C. § 1983 , a plaintiff must show that a person acting under the color of state law deprived him of a right, privilege, or immunity protected by the United States Constitution or federal law. Lopez v. Dep’t of Health Servs., 939 F.2d 881, 883 (9th Cir.1991). A due process claim involves a two-step analysis. Clements v. Airport Authority of Washoe County, 69 F.3d 321, 331 (9th Cir.1995). First, a plaintiff must show that he has a property interest under the Due Process Clause, i.e.,…

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